Another test for ITE Law.Tunggul Kumoro 07 August 2017 09:10
Stand-up comedian Muhadkly MT or known best as Acho has been named a suspect over defamation and libel following his complaint to an apartment developer.
"That's correct, Acho had been questioned by Jakarta Cyber Police and now, it [case dossier] is p21 (complete)," told the director of the police's special crime investigation unit Sr. Comr. Adi Deriyan to detik, Saturday.
The case begins when the comic wrote down his disappointment in his blog related to the facilities provided by Green Pramuka Apartment in Cempaka Putih, Central Jakarta, last March. In his blog post, he said that he expected to get the green open spaces promised by the apartment, but the management has failed to fulfill its promise.
"He shared his experience on the blog so that nobody would fall into the same 'trap' and decide to buy units in Green Pramuka Apartment just like what he did. He wrote it for the public good, which is why what's written is followed by evidences, not just a groundless opinion," said the Southeast Asia Freedom of Expression Network (SAFEnet) Regional Coordinator Damar Juniarto as Acho's Lawyer in a written statement.
Acho then was reported to the police after he posted on Twitter an article from a news outlet regarding the illegal fees set by Green Pramuka.
"On November 5, 2015, Acho was reported by Danang Surya Winata as the lawyer of PT Duta Paramindo Sejahtera (Green Pramuka Apartment's developer) over defamation intended in Article 27 (3) on Electronic Information and Transactions (ITE) law and libel in Article 310 and 311 of the Criminal Code," explained Damar.
Damar and legal aid agencies condemned the lawsuit as they considered the absence of libel element in the case. According to Damar, Acho was only a buyer who decided to share his personal experience on his social media account.
"The case that befell Acho is one of the proofs that consumers who were actually jeopardized could be a subject to a repressive article of ITE law. And this proves the law's brutality in curbing freedom of opinion and expression," explained Damar.